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Bombay High CourtMPT/151/2021absolute

Swarna Venkatachalam v. Venkatachalam Mahadevan @ Mahadevan Venkatachalam @ Madhavan - Deceased

2021-10-28Hon'Ble Shri Justice R. I. Chagla2 pages

14.MPT.151.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 151 OF 2021 Venkatachalam Mahadevan alias Mahadevan Venkatachalam ...

Deceased And Swarna Venakatachalam ...

Petitioner Ms. Jagruti Shah for the Petitioner.

CORAM : R.I. CHAGLA, J.

DATED : 28th OCTOBER, 2021.

P.C. :

Heard the learned Counsel for the Petitioner. The Petitioner seeks a legal heirship certificate under Section 2 of Bombay Regulation VIII of 1827 certifying that the Petitioner alongwith the heirs mentioned in the Petition are the only heirs and legal representatives of the deceased Venkatachalam Mahadevan. The said deceased expired on or about 13.06.2020. A copy of the death certificate is annexed and marked at Exhibit-A to the Petition. The deceased was survived by his widow, who is the Petitioner. Other than the Petitioner, there are no other heirs and/or Waghmare 1/2

14.MPT.151.21.doc next of kin according to Hindu Succession Act, 1956, as mentioned in paragraph 4 of the Petition.

The legal heirship certificate is required for the purpose of transfer in the name of the Petitioner the immovable assets at Coimbatore, described in paragraph 7 of the Petition.

No other Petition for a heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. There is no impediment to the grant of relief. The Petition is made absolute in terms of prayer clause (a) which reads thus :

"a.

This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner, alongwith the heirs mentioned herein above are the only heirs and legal representatives of the deceased."

Proclamation is dispensed with.

The Miscellaneous Petition is disposed.

Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2021.10.30 04:54:59 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2